APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3218

E/sl

ANITA R. FLORIO, J.P.

WILLIAM D. FRIEDMANN

SANDRA L. TOWNES

WILLIAM F. MASTRO, JJ.

2001-06793 Salvatore Bommarito, et al., respondents, v Park Avenue Plaza Company, appellant, et al., defendant (and a third-party action). (Index No. 42797/97)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered March 2, 2001, which was determined by decision and order of this court dated August 11, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

FLORIO, J.P., FRIEDMANN, TOWNES and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3219

C/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

WILLIAM F. MASTRO, JJ.

2002-09505 Bouclier Vert Limite, LLC, d/b/a Green Shield Limited, LLC, appellant, v Mortgage Plus Equity and Loan Corporation, et al., defendants, Alliance Funding, etc., respondent (and a third-party action). (Index No. 12709/99)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to file a brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 3, 2002, and to enlarge the time of the appellant to serve and file a reply brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the brief submitted by the respondent to the Clerk of this court on October 2, 2003, is accepted for filing; and it is further,

ORDERED that the appellant's time to serve and file a reply brief is enlarged until October 23, 2003.

ALTMAN, J.P., FLORIO, FRIEDMANN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3229

Y/sl

MYRIAM J. ALTMAN, J.P.

ANITA R. FLORIO

WILLIAM D. FRIEDMANN

WILLIAM F. MASTRO, JJ.

2003-07410 Douglas Brennan, et al., respondents, v Walter Holubis, et al., appellants. (Index No. 00805/01)

DECISION & ORDER ON MOTION

Motion by the appellants to stay a trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 24, 2003.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., FLORIO, FRIEDMANN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3214

E/sl

DAVID S. RITTER, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

HOWARD MILLER, JJ.

2002-09502 Albert A. Cerilli, Jr., et al., appellants, v Jeffrey S. Kezis, et al., respondents. (Index No. 3520/98)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Dutchess County, dated September 25, 2002, which was determined by decision and order of this court dated June 23, 2003, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

RITTER, J.P., S. MILLER, GOLDSTEIN and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3150

A/sl

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2003-03180 Rodrigo Chacon, respondent-appellant, v Calimia Construction Company, et al., defendants, Bruno Frustaci Contracting Inc., appellant-respondent (and a third-party action). (Index No. 44649/99)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated February 19, 2003, to stay enforcement of a judgment of the same court entered March 18, 2003, pending hearing and determination of the appeal from the order.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion the appeal and the cross appeal are dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248), and no appeal or cross appeal has been taken from the judgment; and it is further,

ORDERED that the motion is denied as academic.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3165

A/sl

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2003-08151 Damianos Realty Group, LLC, respondent, v Port Jefferson Orthopaedics, P.C., appellant. (Index No. 20602/98)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated August 25, 2003, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3204

A/sl

MYRIAM J. ALTMAN, J.P.

LEO F. McGINITY

DANIEL F. LUCIANO

HOWARD MILLER, JJ.

2002-11063 Harold Davis, respondent, v Branford Estates, Ltd., et al., appellants, et al., defendants (and a third-party action). (Index No. 3878/98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to appeal to the Court of Appeals from a decision and order of this court, dated May 27, 2003, which determined an appeal from an order of the Supreme Court, Kings County, dated November 14, 2002.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ALTMAN, J.P., McGINITY, LUCIANO and H. MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3194

E/sl

MYRIAM J. ALTMAN, J.P.

HOWARD MILLER

THOMAS A. ADAMS

WILLIAM F. MASTRO, JJ.

2003-06905 Hannie Eng, et al., appellants, v Michael Sichenzia, et al., defendants, Frank E. DeEsso, respondent. (Index No. 818/01)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Richmond County, entered July 30, 2003, to amend the caption of the notice of appeal, which indicates that the appeal is from an order of the Supreme Court, New York County, to reflect that the appeal is from an order of the Supreme Court, Putnam County.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted (see CPLR 5520[c]).

ALTMAN, J.P., H. MILLER, ADAMS and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3147

T/sl

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2003-00055 Old Clinton Corp., respondent, YG Equities, LLC, respondent-appellant, v 502 Old Country Road, LLC, et al., appellants-respondents. (Index No. 011797/02)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay the trial and all depositions in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 11, 2002.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the trial and all depositions in the above-entitled action are stayed pending hearing and determination of the appeal.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3169

E/sl

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2002-07475 Daxesh Patel, et al., respondents-appellants, v MBG Development, Inc., et al., appellants- respondents. (Index No. 8920/00)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to enlarge the time to file an answering brief, including their points of argument on the cross appeal, on an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated July 15, 2002.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that the respondents-appellants shall serve and file their answering brief, including their points of argument on the cross appeal, on or before November 20, 2003 (see 22 NYCRR 670.8[c][3]) and the motion is otherwise denied; and it is further,

ORDERED that no further enlargements of time shall be granted.

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3210

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-07604 Charles Philpott, etc., et al., plaintiffs, v Eduardo Bernales, et al., defendants. (Index No. 631RTS/00)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Second and Eleventh Judicial Districts, dated May 15, 2003, which dismissed an appeal from an order of the Civil Court, Richmond County, entered March 1, 2002, and affirmed an order of the same court entered August 15, 2001.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2150

O/sl

NANCY E. SMITH, J.P.

SANDRA L. TOWNES

BARRY A. COZIER

WILLIAM F. MASTRO, JJ.

2002-08602, 2003-06933 Jonathan Rigbi, et al., respondents, v Herbert M. Wagner, appellant, et al., defendants. (Index No. 14236/01)

DECISION & ORDER ON MOTION

Motion by the appellant Herbert M. Wagner on appeals from an order of the Supreme Court, Nassau County, dated July 22, 2002, and a judgment of the same court dated September 17, 2002, entered on the order, (1) to recall and vacate so much of a decision and order on motion of this court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2003 Calendar," dated June 3, 2003, as dismissed the appeal from the order pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, (2) to reinstate the appeal from the order, (3) to enlarge the time to perfect that appeal, and (4) in effect, to stay enforcement of so much of the judgment as directed the release of certain funds held in escrow pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied, and the temporary restraining order contained in the order to show cause dated August 7, 2003, is vacated forthwith; and it is further,

ORDERED that on the court's own motion, the appeal from the judgment, is dismissed, without costs or disbursements (see Bray v Cox, 38 NY2d 350).

 We note that to the extent that the notice of appeal from the judgment which was filed by Herbert M. Wagner pro se purports to also be on behalf of the defendant Carol Wagner, such notice is ineffective (see CPLR 321[a]).

SMITH, J.P., TOWNES, COZIER and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3174

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-05618, 2003-07173, 2003-07174 In the Matter of Joseph C. (Anonymous). Nassau County Department of Social Services, respondent; Rebecca C. (Anonymous), appellant. (and other titles) (Docket No. N 422/99)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Family Court, Nassau County, both dated May 6, 2003, and an order of the same court dated May 19, 2003, to consolidate the appeals, for leave to prosecute the appeals as a poor person, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant, the respondent, and the Law Guardian, if any. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (see 22 NYCRR 670.9[d][1][ii]; Family Ct Act § 1116); and it is further,

 ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the appellant. The appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, including the Law Guardian, if any, when appellant serves her brief upon those parties; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is referred to the clerk for issuance of a scheduling order pursuant to § 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]); and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3155

A/sl

NANCY E. SMITH, J.P.

LEO F. McGINITY

HOWARD MILLER

REINALDO E. RIVERA, JJ.

2003-03240 In the Matter of Neville C. (Anonymous). (Docket No. D-10084/02)

DECISION & ORDER ON MOTION

Appeal by Neville C. from an order of the Family Court, Queens County, dated March 14, 2003. By order to show cause dated July 21, 2003, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated May 12, 2003, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 12, 2003 (see 22 NYCRR 670.4[a][5]).

SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3154

M/mv

2003-02214 In the Matter of Anthony Confort, respondent, v Janine Nicolai, a/k/a Janine Lynch, appellant. (Docket Nos. V-487-00, V-488-00)

SCHEDULING ORDER

Appeal by Janine Nicolai, a/k/a Janine Lynch from an order of the Family Court, Suffolk County, dated March 5, 2003. By decision and order on motion of this court dated September 2, 2003, the appellant was granted leave to prosecute the appeal as a poor person. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated March 20, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 21, 2003.

ENTER:

James Edward Pelzer

Clerk

The Case Manager assigned to this case is Ms. Vazquez. Please contact her at 718-722-6488 with any questions.

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT M 3100

T/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-08080 In the Matter of Angela DeChirico, petitioner, v Joseph DeChirico, respondent. (Docket No. O-5055/03)

DECISION & ORDER ON MOTION

Motion by Joseph DeChirico for leave to appeal to this court from an order of commitment of the Family Court, Nassau County, dated September 15, 2003, and to stay enforcement of the order of commitment and all proceedings in the above-entitled matter relating to the payment of counsel fees pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order of commitment dated September 15, 2003, and to stay all proceedings in the above-entitled matter relating to the payment of counsel fees is granted, and enforcement of the order of commitment dated September 15, 2003, and all proceedings in the above-entitled matter relating to the payment of counsel fees are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before November 2, 2003; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 2, 2003, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3157

M/mv

2003-01450 In the Matter of Camilla Grant, respondent, v Donald Johnson, appellant. (Docket No. U-25373-00)

SCHEDULING ORDER

Appeal by Donald Johnson from an order of the Family Court, Kings County, dated September 27, 2002. By decision and order on motion of this court dated July 22, 2003, the appellant's motion for leave to prosecute the appeal as a poor person was denied. Pursuant to § 670.4(d)(3) of the rules of this court (see 22 NYCRR 670.4[d][3]), it is

ORDERED that the scheduling order of this court dated March 12, 2003, in the above-entitled proceeding is amended to provide that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the brief on the appeal is enlarged until November 21, 2003.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3202

E/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-07957 In the Matter of James Thomas McM., III (Anonymous), a/k/a James McM., III (Anonymous), a/k/a James McM. (Anonymous). St. Christopher-Ottillie, respondent; Jacqueline L.P. (Anonymous), a/k/a Jacqueline P. (Anonymous), appellant. (Docket No. B-26759/02)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated May 14, 2003, on the ground that no appeal lies from an order entered on the default of the appealing party.

Upon the papers filed in support of the motion and no papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted (see CPLR 5511).

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3189

S/sl

ANITA R. FLORIO, J.P.

SANDRA J. FEUERSTEIN

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

2003-07013, 2003-07014 In the Matter of Jasmine N. (Anonymous). Administration for Children's Services, respondent; Glenn N. (Anonymous), appellant. (Docket No. NA-03601/00)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated October 1, 2003, in the above-entitled matter is amended by deleting from the fourth decretal paragraph thereof the words "Joan N. G. Eng, Esq.", and substituting therefor the words "Joan N. G. James, Esq.".

FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3130

A/sl

NANCY E. SMITH, J.P.

SONDRA MILLER

STEPHEN G. CRANE

BARRY A. COZIER, JJ.

2001-10214 In the Matter of Walter Phillips, appellant, v Glenn Goord, etc., et al., respondents. (Index No. 3796/98)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Dutchess County, dated October 30, 2001.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED on the court's own motion the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until November 26, 2003; and it is further,

 ORDERED that no further enlargements of time shall be granted.

SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3135

A/sl

MYRIAM J. ALTMAN, J.P.

GABRIEL M. KRAUSMAN

LEO F. McGINITY

BARRY A. COZIER, JJ.

2003-01184 In the Matter of Margaret R. (Anonymous). Roger V. Russell, appellant; Family and Children's Association, et al., respondents. (Index No. 26290/00)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order on motion of this court, dated March 27, 2003, which determined a motion to dismiss an appeal from an order of the Supreme Court, Nassau County, dated January 24, 2003, on the ground that it had been rendered academic, and cross motion by the nonparty-respondent for the imposition of a sanction on the appellant and his counsel.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion and the cross motion are denied.

ALTMAN, J.P., KRAUSMAN, McGINITY and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3190

E/sl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-00174, 2003-02780, 2003-02782 In the Matter of Ernie Simpson, appellant, v County of Westchester, et al., respondents. (Index No. 20014/00)

DECISION & ORDER ON MOTION

Motion by the respondents Westchester Community College, Joseph N. Hankin, and Renee Guy, on appeals from a judgment of the Supreme Court, Westchester County, dated November 13, 2002, and an amended judgment and an order both entered February 10, 2003, to strike certain material from the record on appeal on the ground that the subject material is dehors the record.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3160

S/sl

2003-01932 In the Matter of Suzuki Capital Funding, Ltd., etc., et al., respondents, v Taesoo Park, et al., appellants (and another title). (Index No. 9833/01)

ORDER ON APPLICATION

Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on an appeal from an order of the Supreme Court, Queens County, dated January 24, 2003.

ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until October 31, 2003, and the respondents' brief must be served and filed on or before that date.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2973

C/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2003-00110 In the Matter of Thomas Z. (Anonymous). Dutchess County Department of Social Services, et al., respondents; Thomas Z. (Anonymous), appellant. (Docket No. B-08072/01)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the Law Guardian to be relieved of an assignment to represent the child on an appeal from an order of the Family Court, Dutchess County, dated November 25, 2002.

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is

ORDERED that the motion is granted, and the Law Guardian, Marcy G. Hasin, 375 Route 32, P.O. Box 332, Highland Mills, N.Y., 10930-0332, is directed to turn over all papers in the action to the new Law Guardian herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120, the following named attorney is assigned as Law Guardian to represent the child:

Neak D. Futerfas, Esq.

50 Main Street, # 1000

White Plains, New York 10606

(914) 682-2171

and it is further,

 Ordered that the time of the Law Guardian to serve and file a brief is enlarged until November 21, 2003.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3083

F/

GABRIEL M. KRAUSMAN, J.

2003-02030 The People, etc., plaintiff, v Vere Corbin, defendant. (Ind. No. 8029/98)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated January 31, 2003, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3085

F/

GABRIEL M. KRAUSMAN, J.

2003-02688 The People, etc., plaintiff, v Francois-Pierre Louis, a/k/a Darrell Butts, defendant. (Ind. No. 4251/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Queens County, dated February 3, 2003, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

GABRIEL M. KRAUSMAN

Associate Justice

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M3171

E/sl

FRED T. SANTUCCI, J.P.

SONDRA MILLER

GLORIA GOLDSTEIN

BARRY A. COZIER, JJ.

2000-11592 The People, etc., respondent, v Oscar Rhodes, appellant. (Ind. No. 2911/97)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered December 4, 2000, to enlarge the time to serve and file an additional brief adding issues to his supplemental pro se brief and for leave to file less than nine copies of this brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file an additional brief adding issues to the supplemental pro se brief is granted, the appellant's time to serve and file an additional brief adding issues to the supplemental pro se brief is enlarged until November 28, 2003, and the additional brief adding issues to the supplemental pro se brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the appellant shall file nine copies of the additional brief and serve one copy on the District Attorney.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

M2667

F/

THOMAS A. ADAMS, J.

2003-06377 The People, etc., plaintiff, v Jumel Sumpter, defendant. (Ind. No. 11447/97)

DECISION & ORDER ON APPLICATION

Application by the defendant, pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Kings County, dated June 10, 2003, which has been referred to me for determination.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

THOMAS A. ADAMS

Associate Justice